166. Evidence to controvert return.

The facts set out in the return need not in the first instance be supported by witness statement; for until impeached they are to be regarded as true1. Where, however, there is ambiguity on the face of the return, the return is evasive and bad unless it is sufficiently explained and verified by witness statement or affidavit2. Where the return is valid on its face, the applicant must establish a prima facie case that his detention is illegal and the onus then rests on the restraining authority to prove the legality of the detention3.

The truth of a return in